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Criminal Defense Lawyer Stories

Criminal law insights from a defense attorney — traffic accidents, drug crimes, juvenile crimes and more

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Self-Defense: Requirements and Standards Explained

Self-defense means that even when an act would otherwise constitute a crime, no offense is established when the act is a defensive response to a danger threatening oneself or another person nearby. Self-defense is governed by Article 21 of the Korean Criminal Act. Article 21 (Self-Defense) (1) An act performed to defend one's own or another person's legal interest against a present and unjust infringement shall not be punishable where there are reasonable grounds for doing so. (2) Where a defensive act exceeds the proper degree, the punishment may be mitigated or remitted depending on the circumstances. (3) In the case of paragraph (2), where the act was committed out of fear, fright, excitement, or confusion at night or under other unsettling conditions, it shall not be punishable. Requirements for Self-Defense The requirements for self-defense are as follows: there must be an unjust situation of infringement, the infringement must be present, the act must be defensive..

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Negligent Homicide: Elements, Types, Negligence, and Occupational Punishment

What is negligent homicide? Negligent homicide is the crime of causing a person's death through negligence. Article 267 of the Korean Criminal Act, which governs negligent homicide, reads as follows. Article 267 (Negligent Homicide): A person who causes the death of another through negligence shall be punished by imprisonment without labor for not more than 2 years or by a criminal fine not exceeding KRW 7 million. Types of negligent homicide are as follows: negligent homicide, occupational negligent homicide, and gross negligent homicide. Elements of negligent homicide: negligence in negligent homicide is governed by Article 14 of the Korean Criminal Act. The elements of negligent homicide are: 1. a situation caused by negligence; 2. causing the death of a person. Article 14 (Negligence): An act that fails to recognize the facts constituting the elements of a crime due to a failure to exercise the care normally required is punishable only when there is a special provision in the statute. The elements of a negligence offense are: 1. breach of an objective duty of care; 2. the elements constituting the crime..

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Destruction of Property: Types and Elements of the Offense

Destruction of property refers to the act of impairing the utility of another person's property, documents, or special media records such as electromagnetic records by damaging, concealing, or otherwise affecting them. A person who commits destruction of property is subject to imprisonment for up to 3 years or a criminal fine of up to KRW 7 million. Types of destruction of property The types of destruction of property are as follows. Destruction of property, etc.: A person who impairs the utility of another's property, documents, or special media records such as electromagnetic records by damaging, concealing, or other means is subject to imprisonment for up to 3 years or a criminal fine of up to KRW 7 million. Destruction of a structure for public use: A person who destroys a structure used for the public benefit is subject to imprisonment for up to 10 years or a criminal fine of up to KRW 20 million. Aggravated destruction: Where a person commits either of the above two offenses and thereby endangers the life or body of another, the person is subject to imprisonment for not less than 1 year...

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Suspended Sentence (Probation): Requirements, Effects, Criminal Record, Invalidation, and Revocation

What is a suspended sentence? A suspended sentence (probation) is a system in which the court imposes a sentence but delays its execution for a set period; if that period passes without incident, the pronouncement of the sentence loses its effect and the sentence is not carried out. It can be described as a system that opens a path for the defendant to return to society on their own without serving the sentence. For example, if you receive a sentence of 1 year of imprisonment suspended for 2 years, the 1-year prison term is extinguished provided you commit no offense during the 2-year period. The requirements for a suspended sentence are as follows: when imposing a sentence of imprisonment or imprisonment without labor of 3 years or less, or a criminal fine of KRW 5 million or less; grounds worthy of mitigating consideration; and that the offense was not committed within the period running up to 3 years after a judgment imposing imprisonment without labor or a heavier sentence became final and its execution was completed or remitted. The sentencing threshold for a suspended sentence is 3 years or..

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Sexual Harassment: Elements, Punishment, Types, and Relevant Laws

What is sexual harassment? Sexual harassment refers to unwanted sexual remarks or conduct that makes the other person feel sexually humiliated or ashamed. Under the law, sexual harassment is defined by Korean Supreme Court precedent as follows. In the context of work, employment, or other relationships, sexual harassment means conduct by an employee of a public body such as a state agency, local government, school of any level, or public-interest-related organization, or by an employer, supervisor, or worker at a workplace, who ① uses their position or, in connection with work, makes the other person feel sexually humiliated or repulsed through sexual words, conduct, or demands, or ② disadvantages the other person for refusing to comply with sexual words, conduct, or demands, or offers a benefit on the condition of compliance. (Korean Supreme Court Decision 2017Du74702, April 12, 2018) In other words, in the eyes of the law ..

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Occupational Breach of Trust: Punishment, Elements, and Embezzlement

What is occupational breach of trust? Occupational breach of trust is a crime defined in Article 356 of the Korean Criminal Act. It refers to conduct in which a person who handles another's affairs violates their duty, causing harm to the other party while obtaining a benefit for themselves or a third party. This crime typically arises in trust-based relationships, particularly when a manager within a company or organization abuses their position for personal gain. Punishment for occupational breach of trust: Under Article 356 of the Korean Criminal Act, it is punishable by imprisonment of up to 10 years or a criminal fine of up to KRW 30 million. If the resulting loss is substantial, the Act on the Aggravated Punishment of Specific Economic Crimes provides for aggravated punishment of fixed-term imprisonment of at least 3 years where the amount is between KRW 500 million and KRW 5 billion, and life imprisonment or imprisonment of at least 5 years where the amount is KRW 5 billion or more. The elements of occupational breach of trust..

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The Crime of Insurrection: Elements and Punishment

What is the crime of insurrection? The crime of insurrection is defined in Article 87 of the Korean Criminal Act. Article 87 (Insurrection): A person who stages an uprising for the purpose of excluding state power or subverting the Constitution within all or part of the territory of the Republic of Korea shall be punished according to the following classifications. Elements of the crime of insurrection: The elements of the crime of insurrection are as follows. 1. The purpose of excluding state power or subverting the Constitution within all or part of the territory of the Republic of Korea. 2. The staging of an uprising. Insurrection and the exclusion of state power: According to Constitutional Court precedent 95Hun-Ma221, the exclusion of state power means excluding the people's territorial sovereignty and exercising unlawful control. What is subversion of the Constitution? Subversion of the Constitution is defined in Article 91 of the Korean Criminal Act. Article 91 (Definition of Subversion of the Constitution): In this Chapter, the purpose of subverting the Constitution means falling under any of the following. The Constitution..

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Burner Bank Accounts: Scam Types, Related Crimes, Punishment, and Prevention

A burner bank account (daepo tongjang) is an account opened under a third party's stolen identity, where the account holder and the actual user are different people. Opening such an account and then transferring it to someone else or borrowing one can be punished under the Electronic Financial Transactions Act by up to 5 years of imprisonment or a criminal fine of up to KRW 30 million. Involvement in burner-account crime: If you become involved in a burner-account crime, not only the person who commits the offense using the account but also the person who lent the account can be punished. Even if you did not hand over the account with the purpose of creating a burner account, you can still be punished because you passed account-related information to another person, and depending on the crime in which the account was used, you may be recognized as an accomplice and punished if the elements of that crime are met. Types of burner-account crime include drug dealing, online direct-transaction fraud, and voice phishing scams. Burner-account scams ..

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